If Torres had appealed suspension, here’s how process would have worked — plus GM’s statement

SAN JOSE — Now that we know Raffi Torres will not be appealing his suspension (You do know that, right? No? See http://www.mercurynews.com/sharks/ci_23271474/san-jose-sharks-general-manager-doug-wilson-says ) a little background.

I checked with NHL deputy commissioner Bill Daly late this afternoon to make sure I had the appeal process down correctly. Based on his response, here’s how things might have gone.

1) It’s up to Torres and the PA to determine if an appeal will be filed with Gary Bettman. There is a 48-hour window and the Sharks are not involved.

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2) That appeal would be handled in an “expedited” manner, though there are no contactual time limits.

3) Because there was the possibility that the suspension could reach six games, Torres could have filed a second appeal with a neutral aribter. There is no timeline in place for that part of the process.

That last point should get the NHL off the hook with those who thought the “duration of series” penalty was a way to circumvent the opportunity to appeal to an outside authority. It was not.

While we’re trying to tie up loose ends, one more point. The “duration of series” penalty to Torres is not exactly unprecedented. In March 2011, Matt Cooke of the Penguins was suspended for the final 10 games of the regular season plus the first round of the playoffs, however long that round lasted. Cooke earned that for an elbow to the head of New York Ranger Ryan McDonaugh.

Hope that helps clarify things.

****For those of you who haven’t tracked it down elsewhere, here’s the full text of Doug Wilson’s statement on the Torres suspension:

The Sharks organization fully supports the NHL in its efforts to remove illegal and dangerous hits from the game but we strongly disagree with the NHL’s decision to suspend Raffi Torres.

Upon review of the incident, it is abundantly clear that this was a clean hockey hit. As noted by the NHL, Raffi’s initial point of contact was a shoulder-to-shoulder hit on an opponent who was playing the puck. He did not leave his feet or elevate, he kept his shoulder tucked and elbow down at his side, and he was gliding – not skating or charging.

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As stated in the NHL’s Player Safety video, Rule 48.1 says, “A hit resulting in contact with an opponent’s head where the head is targeted and the principal point of contact is not permitted.” Thus, with the use of the word “and”, this rule clearly states that two elements must occur in order to violate the rule. Raffi absolutely did not target his opponent’s head on the play. The call on the ice specifically
acknowledged that the head was not targeted and nowhere in the NHL’s ruling does it insinuate or suggest that the opponent’s head was targeted.

Furthermore, the rule goes on to say: “However, in determining whether such a hit should have been permitted, the circumstances of the hit, including whether the opponent put himself in a vulnerable position immediately prior to or simultaneously with the hit or the head contact on an otherwise legal body check was avoidable, can be considered.”

As evidenced in the video, just prior to Torres making contact with the opposing player, that player altered his posture to play a bouncing puck with his hand, placing himself in a vulnerable position.

Comparing the facts of this incident against the actual wording of Rule 48.1, it appears that the NHL has not only made an inappropriate application of this rule but is trying to make an example out of a player who is being judged on past events, one who has changed his game dramatically this season and taken only six minor penalties
in 39 games.

We are proud of the work Raffi has put in to successfully adjust his game. Although it’s unfortunate that Jarret was injured on the play, we feel this decision is grossly unfair to the Raffi, his teammates and our fans. However, Raffi does not want to be a distraction to his teammates and has decided not to appeal this suspension and we respect that decision.

David Pollak

David Pollak has been following the NHL forever and at the Mercury News as an editor or reporter since 1987. For almost a decade he wrote about the Sharks as the paper's Fan in the Stands before joining the sports department in 2001. He became the Sharks beat writer before the 2007-08 season and began this blog at that time. You can also follow him on Twitter at @PollakOnSharks.

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Only that Raffi’s rap sheet, and break down under pressure, came back to haunt the Sharks in perhaps, their most critical moment..

classlessVIN

You sentence doesn’t even make sense. Because of Raffi’s rap sheet the sharks broke down under pressure (generated by a 5-3 and 5-4)? Or both happened which contributed to the loss? And why was it their most critical moment? It was A moment the sucked for the Sharks.

I would think their *most* critical moment will be if they ever face elimination, and how they respond to that.

classlessVIN

Also, I’ve been hearing alot about how this is the most impressive moment in Kings playoff history. If they would have scored two goals 5 on 5 (or 6 on 5) in the last few minutes, then it would have been impressive. A 5-3 goal to tie the game, not terribly impressive.

The league has sent its message. Raffi is toxic and he doesn’t have to do anything beyond a 2min minor to get a suspension. Which makes him unreliable, similar to a guy who is continually injured.

The market for Raffi will exist, but because he is at high risk, the cost to sign him will be modest, probably around $1million. No team can count on him. Just can’t allocate much cap space for that. Most teams won’t want to risk a roster spot.

VIN

Hey Cirque, gonna join the march on the state capital tomorrow?

Take a pause for the cause man and make up a few signs which read “Free Raffi” and smoke a little dope

VIN

Zeke 6.

Yup, I called that too.

$1M?

-Yeah that’s a 10 year deal in the AHL.

ZEKE

Just a quick look at Douglas Murray, a Pens win gets us a 2nd round upgrade. Up 2-0, and unlike LAK, they have dominated the play

Murray was a -1 (though the goal was on his d-partner who just got toasted). Still, what jumps out is that Murray had only 12 minutes TOI and his partner, Engelland, had only 8. The other 4 d-men all went 20+.

Doesn’t sound like they have a ton of confidence in him.

VIN

9.

There are a few teams who can beat the Crosby’s:

Kings

Hawks

Bruins

In that order..

VIN

Hey I’m inviting Sharks fans to come over and comment on lakingsinsder.com.

Bring your thoughts, opinions -whatever.. It’s a Cali series and the banter could make it even more interesting.

Bt-dubs, my name on there is @jess. I signed in here as VIN which was a mistake, that’s a chess account I play every night.

Being from Silicon Vallley and all, you might appreciate the fact that you can directly respond to someone’s post, as opposed to identifying them by a number. How Orwellian!

In any case, this is a rare opportunity to be in round 2 with cali teams so your thoughts and debate are welcome.

iggyfenton

Vin –

Trolls will not be fed.

Sharks in 6.

DeanH

ALthough I’ll be out of town for the WCSFs, here’s a few more thoughts from the cheap seats.

First of all, a very good letter from DW last night. In the end I think that not appealing is the way to go. THe NHL is at the proverbial crossroads right now. The Boogaard lawsuit filed earlier this week was bound to have a huge impact on the game, and IMO the Raffi ruling is just the first decision affected. In other words, they had no other choice than to publically demonstrate they are VERY SERIOUS about head injuries and Raffi had “no chance” to win. In the end the NHL will probably have to eventually adopt something like the IIHF rule regarding head contact. Essentially making it a penalty subject to supplemental discipline, whether or not it was intentional. Such a ruling would elliminate the need to “MAKE UP” a violation to somehow justify punishment, something which seems to have happened with the Torres’ suspension.

As for tonight, there is a saying that you are only in trouble after you have lost your first home game. In other words the Kings were on the verge of some big trouble in game two but they managed to pull it out. That said, although it won’t be easy, I fully expect the series to be tied at 2 apiece going back to SoCal for game five.

Now it’s time for the Sharks to demonstrate what they are made of and to win their two games at home. Forget the bad calls on and off the ice!!! THIS IS THEIR TIME.

I have sold my tickets for the second round, to help subsidize my costs, but plan to be back for Round Three. GO SHARKS!!!!

g-bum-man

DeanH—If the NHL is going to become the No Headshot League, than I think you are correct about them needing to adopt a zero tolerance policy for ANY hit that makes contact with a players head.

Of course, dropping the gloves and bashing the hell out of someone’s head isn’t a penalty, and that is what led to Boogaard’s demise. This league needs to figure itself out. You cannot scream about what Raffi did, and then turn around and applaud and encourage fighting. It is amusing to me that the NHL penalizes players who fight with a visor–they are more interested in protecting a player’s hands from being broken than another player’s face/head from getting smashed in. Mixed messages? You bet. Hypocrisy? Yessireee!!! Big time hypocrisy.

DeanH

You are spot on. I would expect fighting will be banned within the next couple of seasons for the same reason.

I for one will not miss staged fighting. I know this sounds barbaric but fighting should be reserved as a last resort when seeking retribution for a cheap hit on a skill player. In other words for vigilante punishment.

I know that staged fights can positively impact a team from an emotional standpoint but I think the days when it is allowed are numbered!

spooky

here’s my assesment of the series.
based on first two games i’d say LA is very beatable. I’d almost say we dominated them on home ice. but.
The but is that in both games they went up 2 – 0 when we had to play. and that changes the first perception. Look at the shots on net in third period last game – when they had to play. So i’d have to sat they can push just as we but they did not have to yet. So it might be just an optical illusion.
Botton line. Us not loosing depth and play only 3 lines is a big concern because now it realy seems to be a seven games series.
If we had Havlat,Torres thing would have been much different.
Not having $10M on the roster not playing right now: its almost unrealistic to think we can advance. $10M? so Havlat is 5. and torrest plays like he was making $5M. As you guys pointed out, he does not make that much because his games does not fit today’s NHL anymore – which is no physical play in PO allowed anymore.

spooky

i wanted to say: us LOOSING depth.
we made the playoffs because we had balance. not we lost it. it’s gone. we’re a 3 line team so there’sjust no way 4th line will contribute which puts 25% more pressure on 3 lines.

Your back is pressed up to the wall
Will you stand or will you fall
The bricks are rough against your skin
Feels like they’re digging in
Bile rises in your throat
Feels like you’re gonna choke
Will you breathe way deep and calm it
Or let it fill your mouth with vomit
Chills are running through your skin
Nightmares come alive again
Do you fall down to your knees
Begging mercy, crying please
Or gather everything you’ve got
Feel your anger burning hot
You’re not taking this again
This time you deserve to win
You’re not whom you used to be
You’ll not fall this easily
No more giving up your pride
You’ve a champion inside
You’ll fight the battle to the end
And damn it, you are here to win
No one else here has your key
You control your destiny
So launch yourself out of your corner
Take no prisoners, give no quarter
Fight until the king is slain
Time for someone else to reign

*curtsy*
High praise coming from you!! Thank you. I can’t wait for my first paycheck…

cheapshot artist

Wilson shows what a complete liar he is, and how he tries to pretend day is night. he says that the call on the ice shows he did not target the head, but then proceeds to say the call on the ice, charging, was wrong. You can’t have it both ways, you cannot point to something as right and then say it’s wrong.

btw, liar Wilson, charging does not have anything to do with whether you coast at the last second before the hit, it has to do with how you got there, and scumbag raced all the way across the ice, iow he took many strides before he hit Stoll. Wilson is a liar, plain and simple, and the whole franchise is a disgrace now since Wilson decided to throw all the Sharks eggs into the basket of a scumbag. it is obvious that he will probably sign him to a new contract now, and that is endorsing the thug behavior of a scumbag. Shameful sharks

Better Stat Bill

Cheapshot: was that post even in English?

Better Stat Bill

Checked google. Not English after all. Perhaps Dwarfish, or Elvish, or Trollish.

cheapshot artist

again, I challenge the merc, the sharks players who made those supportive comments, and Wilson to watch this video of the scumbag’s history, and then see if they continue to pretend the scumbag is an innocent little victim.

notice how the drones have no response but insults. no facts, nothing. they know it’s true. guess what, one year ago, the exact same things were being said by the Phoenix coach, GM, and fans about the scumbag’s hit on Hossa. iow, if he’s on our team, let’s just lie about it to further our interests. that’s the way it’s done.

N05TRADUMBA55

Crystal Havlat needs to get back in the line-up. If not, flush him.

Scarry points Spooky because I believe they are accurate.
I see the other team as a bunch of Burnses; big, skilled, fast and confident. And sort of like Burns, they don’t appear to me like they follow a system accept to freewheel and outrace/muscle opponents to the puck – until they have to really get serious. But I believe if we keep to our system or style of play/positioning, we can make plays vs simply outperforming through great assets.
Years ago the Islanders beat Mario & Jager’s Pens in just the same manner.

It’s been the playoff version of Raffi that’s toxic. Not the regular season version. Of course, we haven’t seen him for a complete regular season in awhile but it’s the playoff Raffi that has been the problem.

This is a sport. In my opinion, each play that happens during any game should be judged on its own merit. History shouldn’t matter unless it is the same exact play a player has done in the past and been suspended. This was not a Hossa elbow. The ruling should be based on what Torres, or Marleau, or Kopitar, or whoever in any given play, did in that moment.

Further, if the league is going to call these hits like this (including the Gryba hit which I thought was clean), then they need to change the wording and ban blindside hits…Not pretend that every hit to a player who didn’t see it coming is somehow dirty.

That Bearded Puck

Not sure how you can call DWs statement that, is supported by facts, lies; and still expect to have real fact based discussions with other posters.

Sharks!!!

GO CHICAGO!!
GO SHARKS WE WILL TIE THIS SERIES UP BOOK IT!

DeanH

Don’t pay too much attention to posts like 21 and 24 which are just trying to stir up the pot. If you listen to the pundits outside of anyone connected with LA and SJ, it is clear that the unbiased hockey people that understand how fast this game has become, disagree with the suspension.

That said, the game is going to evolve, and I think for the better. Most of all the rules RE headshots and fighting will definitely change over the next few years.

DeanH

Wow Detroit is taking it to the Hawks today.

I think a Sharks Wings WCF would be a nice way to say farewell to Detroit as they depart for the Eastern Conference.

JB

Yeah – knock ‘em out again as the Wings head into the East so in future years the they can say “at least we can’t lose to the Sharks until the Cup finals.”

Wissendrinkrat

Once again a Sharks’ swan gets run and nobody says boo! When a Shark says boo, he gets a series suspension!!! For once DW did the right thing! The next thing that needs to happen is a conspiracy of GM’s to rid this game of that abortion…Bettman!

socoach

Strictly a ruling by reputation and a horrible display of bias on the NHL’s part. Crosby makes this same hit, call or not, and there is nothing that will come of it. The message to Raffi is clear; there is no reason for you to work hard, play hard and fair (6 minor penalties in 39 games) within the rules (that was a clean hit. Stoll gets up there would be no call) because the NHL and ignorant “fans” will always treat you like a thug. There is no reason for you to reform. Great message.
If he was really playing dirty or wanted to play dirty, he would target Quick. Quick is the only reason the Kings are up or the first game went to LA.